POST MASTER GENERAL & ORS. V. MR. MAC-CAJETAN AGBASI

fundamental defect. Thus, absence or lack of proof
of service of court process on a party deprives a
trial or even appellate court the necessary
competence of jurisdiction to determine the case
before it. See AUTO IMPORT V. ADETAYO (2002)
18 NWLR (PT.799) 544; SGBN V. ADEWUNMI
(2003) 10 NWLR (PT.829) 526; MBADINUJU V.
EZUKA (1975) (1994) 8 NWLR (PT.364) 535;
SCOTT EM-AKPOR V. UKAUBE (1975) 12 SC 41;
UBN PLC V. OKONKWO 92004) 5 NWLR (PT.867)
445; KDA V. OGUNMOLA (2006) 13 NWLR PT.997
PAGE 377 AT 395, paragraphs H-C, respectively.It
was the contention of the Appellants (paragraphs
4.67 - 4.78 of the Appellants brief) that the case
first came up on 22/11/95 before E.O. Sanyaolu J
but was struck out for want of prosecution. On
27/7/98, the matter came up again before O. Aina,
J, who took evidence of the Respondent and
adjourned the case to 22nd and 23/9/98 (see page
31-34 of the Record) The court did not sit on those
dates. Later the case came up on 27/10/98 before
A. Mustapha, J who adjourned it to 18/11/98 in the
absence of the Appellants and their counsel. The
court evidently did not sit on that date. The case
then later came up on 07/7/98 . The Appellants
and their counsel were again absent.The case was
adjourned to 19/02/99. The court didnot sit on
that date. The case later came up on10/03/99
in the absence of the appellants and theTrial judge
A. Mustapha.J, ordered at page 37 ofthe Records
thus:
"Court: case is adjourned to 13th April 1999 for
17